scottish housing association regulator

6.3The RSL ensures that all governing body members are subject to annual performance reviews to assess their contribution and effectiveness. 2.1We are committed to the better regulation principles enshrined in the Scottish Regulators’ Strategic Code of Practice. Gypsy/Travellers who use official sites provided by these landlords; and, focus on the most significant risks to tenants, people who are homeless and other service users, continually assess each landlord to understand its performance and risk, engage with landlords at different levels depending on their risk and performance profile, engage with landlords in the least intrusive way possible to get the assurance we need, are transparent about why and how we engage with landlords, give landlords the opportunity to improve where there are problems, unless we need to act quickly. 4.2This includes information about landlords’ performance against the Scottish Social Housing Charter, rent levels, costs and other contextual information. 9.2There are two types of registration criteria: legislative and regulatory. All housing associations and co-operatives are regulated by the Scottish Housing Regulator (the SHR). This is our code of practice for inquiries as required by section 51 of the Act. 7.8The RSL complies with regulatory guidance on tenant consultation, ballots and authorisation. Make our report on its performance easily available to its tenants, including online. regulatory-framework-regulation-of-social-housing-in-scotland-february-2019-website.pdf. 2.11For local authorities, we work through the risk assessment process with our partner scrutiny bodies, to consider the full range of scrutiny activity for each local authority. The Clydebank landlord, which employs six staff, owns and manages 332 homes and provides factoring services to 23 home owners. These rights mean that everyone should be treated fairly and with dignity and respect. The membership of the governing body must be no fewer than seven and not normally exceed 15 members, including co-opted members. This includes Charter performance information, homelessness data, information from past or current engagements, thematic work, significant performance failures and whistleblowing. We remove this status when we confirm that the RSL is compliant or we change its status. 5.22We may share relevant information and analysis about landlords with public and private investors. Such payments are monitored by the governing body to ensure the payment represents value for money. 4. The Scottish Ministers have power to amend the eligible purposes. We engage with them to help make our work accountable, relevant and targeted. 2MB Under section 34 of the 2010 Act we can set performance improvement targets specifying the level or quality of housing services or the standard of housing activities which landlords must aim to provide by a specified time. Landlords submit their Annual Assurance Statement to us and make them available to tenants and service users. We can use our statutory powers to require action from a landlord where it is failing to provide services or manage its affairs to an appropriate standard. 5.7Where a landlord has told us that it is meeting the Standards and Requirements and we find that it is not, we will engage with the landlord to determine the significance of the non-compliance and any action we may need to take. 15. It agrees and oversees the organisation’s business plan to achieve its purpose and intended outcomes for its tenants and other service users. 18. Criterion 2:The applicant must demonstrate it can meet the Standards of Governance and Financial Management and constitutional requirements. 7.2The RSL ensures that its governance structures are as simple as possible, clear and allow it to meet the Standards of Governance and Financial Management, Constitutional Requirements, and Group Structures guidance. make any published report available to its tenants and other stakeholders. These are: 10.3We give more information on our website about how to: 10.4An individual or organisation can seek a judicial review of our decisions or actions. Comply with, and submit information to us in accordance with, our guidance on: Note: We refer in this Framework to RSL governing bodies. the seriousness of the problem or failure, in relation to the Scottish Social Housing Charter, regulatory requirements and the Standards of Governance and Financial Management for RSLs, the actual or potential impact on tenants and other service users, or on people seeking access to the landlord’s services, for RSLs, the impact on governance, management and financial viability, whether the landlord is willing and able to resolve the problem or failure, and to engage constructively with us, the effect on the reputation of the landlord, and the potential effect on stakeholders’ confidence in the sector as a whole, comply with any requirements or recommendations we place on it, co-operate with us to achieve the required outcomes and to make our intervention effective and for as short a period as possible, publish and send a copy of any performance improvement plan we may require of it to any RTO associated with it, and communicate this information to its tenants and other relevant service users, work constructively with any statutory appointees and/or appointed manager to help resolve the landlord’s problems, obtain our approval for what it will tell its tenants and other service users, staff, lenders and other key stakeholders about our intervention and how it will keep them informed about progress. One of the ways that we achieve our objective is by helping to maintain their confidence in social housing. Section 24 sets out the legislative criteria for registration: The social landlord must be an organisation that does not trade for profit. Where an RSL is the subsidiary of another Scottish RSL, we will publish a single regulatory status for the group. Have assurance and evidence that it is meeting all of its legal obligations associated with housing and homelessness services, equality and human rights, and tenant and resident safety. 8.5Our inquiries range from a simple request for information to an indepth look at any aspect of a landlord’s housing activities and an RSL’s governance and financial well-being. the issue is a significant performance failure as defined above; the issue significantly affects tenants and other service users; they have raised it with the landlord; and. We may remove an organisation from the Register. In this section we give an overview of how we regulate. 10. Keep up to date organisational details in the Register of Social Landlords, by maintaining the information provided through the Landlord Portal. We may take immediate regulatory action in response to information from tenants if we feel this is necessary and appropriate. Where we do not consider it to be material, the RSL must consult with its tenants and ensure the tenants are provided with independent advice about the implications of de-registration on their interests. Many changes were made to the Framework as a result of SFHA feedback, summarised in this briefing paper: SFHA Briefing April 2019. 7.4We take a flexible approach to how we publicise and promote our findings and messages. It is important that lenders’ confidence is maintained in order to retain the availability of lending and favourable investment rates for the sector. 5.15Section 3 sets out our regulatory requirements, which include the routine annual information landlords need to give us. Subscribe to receive updates on the latest SFHA & Sector news, Policy Updates plus Events and Training. Each organisation within the group must have a distinct legal identity and separate constitution. Given this, we consider these RSLs to have systemic importance. The Scottish Housing Regulator is an independent regulator of Registered Social Landlords (RSLs) and local authority housing services in Scotland, accountable to the Scottish Parliament. Its constitution adheres to these Standards and the constitutional requirements set out below. We also publish an online directory providing information on both RSLs and local authority landlords. These obligations and how they will be met are set out in the constitution. With regard to the governing body of the RSL and the members of the governing body: 14. It is important that landlords involve tenants and other service users in the scrutiny of their performance, and in discussions about affordability and what they get for their rent. When we set a target for all landlords or groups or types of landlords we will notify the affected landlords and publish the target. The roles, powers and responsibilities of governing body office bearers are set out. 3. Where the constitution allows executive staff on to the governing body, they must be excluded from holding office, and cannot form a quorum or a majority. The Scottish Housing Regulatoris the independent regulator of social landlords in Scotland. The landlord must give the occupiers of the property 7 days’ notice of our intention to carry out the survey. The Scottish Housing Regulator’s Annual Report and Accounts for 2018/19 have just been published and can be found by clicking on the link below. Criterion 4:The applicant must be able to demonstrate it is and will remain financially viable. The Scottish Federation of Housing Associations Limited. 8.14We can arrange a survey of a landlord’s houses if we consider that the landlord is, or is at risk of, failing to achieve a standard or outcome in the Charter, to meet a target we have set or to implement a performance improvement plan. When deciding how to intervene, we consider the roles and functions of other regulatory and statutory bodies. 2.2The governing body recognises it is accountable to its tenants, and has a wider public accountability to the taxpayer as a recipient of public funds, and actively manages its accountabilities. the landlord has not resolved the issue within a reasonable time. This is to help us decide if we need to have more engagement with them. Risks to the delivery of financial plans are identified and managed effectively. It has been engaging with the Scottish Housing Regulator (SHR) following the failure in 2019 to submit the first Annual Assurance Statement … It must be clear what the roles and relationships are between each part of the group structure and that the parent has ultimate responsibility and effective control over any subsidiary. This is our code of practice for inquiries as required by, regulatory-framework-regulation-of-social-housing-in-scotland-february-2019-website.pdf, The Regional Network SHR Liaison Group Minutes, Watch our videos for tenants and service users, Scottish Housing Regulator Twitter policy, 19 January 2018: Board member gender and median FTE pay for men and women in SHR, 1 April 2021 - Board member gender and FTE pay for men and women in SHR, Michael Cameron - TPAS Housing Professionals Conference - 26 September 2019, Brexit remains unpredictable, so governance is key for landlords, Ian Brennan – Social Housing Scottish Annual Conference – 5 September 2019, Michael Cameron - Scotland's Housing Network - Scrutiny and VFM Practice Exchange - 21 August 2019, SHR Board Meeting - Minutes - 20 June 2019, Apply to register as a social landlord - Form, Scottish Housing Regulator contracts register, Statement of compliance with the public services reform (Scotland) Act 2010 2017-18, Civil Service People Survey Scottish Housing Regulator Results 2018, Decision of the Appeal Panel of the Scottish Housing Regulator on 30 November 2018 in the appeal of Thistle Housing Association Ltd, Organisational learning from complaints about SHR, Michael Cameron - TIS Rent Setting and Affordability event - 24 October 2019, SHR Board Meeting Minutes - 6 August 2019, Ian Brennan - SFHA Finance Conference - 12 November 2019, Ewan Fraser - Share Corporate Governance Event - 28 November 2019, George Walker and Helen Trouten Torres - TPAS Conference - 4 December 2019, Statement of Compliance with the Public Services Reform (Scotland) Act 2010 2018-19, Operational delegation of statutory powers, Scottish Housing Regulator People Survey results 2019, George Walker - SFHA Chairs' Conference - 31 January 2020, SHR Board Meeting Minutes - 10 December 2019, Lessons from the first round of Annual Assurance Statements, SHR Board Meeting - Minutes - 14 April 2020, The regulator is monitoring housing pressures caused by the response to the pandemic - A blog by our Chief Executive, Michael Cameron, Charter Technical Guidance - July 2020 - Tracked, Summary of changes - Charter Technical Guidance 2020, The Housing Finance Corporation (THFC) - received 23 July 2020, Cunninghame Housing Association - consultation response 2020 - received 24 July 2020, Anonymous response - consultation 2020 - received 24 July 2020, Fife Council - consultation 2020 - received 30 July 2020, Key Housing Association - consultation response 2020 - received 27 July 2020, Tridos Bank - consultation response 2020 - received 27 July 2020, Dundee City Council - consultation response 2020 - received 27 July 2020, Shire Housing Association - received 3 August 2020, Ardenglen Housing Association - received 31 July 2020, Home in Scotland - consultation response 2020 - received 6 August2020, HouseMark Scotland - consultation response 2020 - received 10 August 2020, East Ayrshire Council - Consultation response - received 10 August 2020, UK Finance - consultation response - received 11 August 2020, Scottish Regional Network - consultation response - received 11 August 2020, Loreburn Housing Association - consultation response - received 11 August 2020, Ochil View Housing Association - received 11 August 2020, Audit Scotland consultation response - received 12 August 2020, CIH Scotland consultation - received 12 August 2020, Rutherglen and Cambuslang Housing Association - received 12 August 2020, NG Homes consultation response - received 12 August 2020, Cathcart and District Housing Association received 12 August 2020, Paragon Housing Association - received 12 August 2020, Edinburgh Tenants ederation - received 13 August 2020, City of Edinburgh Council consultation response - received 13 August 2020, Cernach Housing Association consultation response - received 13 August 2020, Kingdom Housing Association consultation response - received 13 August 2020, Fairfield Housing Cooperative consultation response - received 13 August 2020, Rural Stirling Housing Association - received 13 August 2020, Easterhouse Housing and Regeneration Alliance - received 13 August 2020, South Lanarkshire Council - received 13 August 2020, River Clyde Homes - received 13 August 2020, Reidvale Housing Association - consultation response - received 13 August 2020, Dalmuir Park Housing Association consultation response - received 13 August 2020, Pineview Housing Association consultation response - received 13 August 2020, Moray Council consultation response - received 14 August 2020, Forth Housing Association consultation response - received 14 August 2020, Comhairle nan Eilean Siar consultation response - received 14 August 2020, Glen Housing Association - received 14 August 2020, Shelter Scotland - received 14 August 2020, Oak Tree and Cloch Housing Associations consultation response - received 14 August 2020, Renfrewshire Council consultation response - received 14 August 2020, Fife Housing Group consultation response - received 14 August 2020, Tenants Information Service consultation response - received 14 August 2020, Govanhill Housing Association consultation response - received 14 August 2020, Glasgow and West of Scotland Forum of Housing Associations consultation response - received 14 August 2020, Waverley Housing consultation response - received 14 August 2020, Craigdale Housing Association consultation response - received 14 August 2020, Scottish Borders Housing Association consultation response - received 14 August 2020, Homes for Life consultation response - received 14 August 2020, ALACHO consultation response - received 17 August 2020, Scottish Federation of Housing Associations consultation response - received 14 August 2020, Geoff Morgan consultation response - received 13 August 2020, Manor Estates Housing Association consultation response - received 14 August 2020, Wheatley Group consultation response - received 14 August 2020, Ian Brennan - Social Housing Scottish Annual Conference - 15 September 2020, SHR Board meeting minutes - 25 August 2020, SHR has been adapting to the new world. 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